Kirkham v Link Housing Group Ltd [2010] ScotCS CSOH_31 (12 March 2010)

Kirkham v Link Housing Group Ltd [2010] ScotCS CSOH_31 (12 March 2010)

The court held that the footpath was not a 'common part' under the tenancy agreement, so no obligation to inspect at regular intervals arose. The landlord's obligation to repair was only triggered upon actual knowledge of the defect, which was not established. There was no evidence that the landlord knew or ought to have known of the raised slab. The delictual claim also failed for lack of evidence of negligence or breach of duty. Accordingly, the pursuer failed to establish liability in contract or delict.

Citation
[2010] ScotCS CSOH_31
Parties
Pursuer: Kathleen Kirkham; Defender: Link Housing Group Ltd
Jurisdiction
Scotland
Judgment Date
12 March 2010
Procedural Posture
Personal Injury Action (damages for Personal Injury) / Judgment After Proof (trial)
Outcome
Pursuer's claim dismissed; decree of absolvitor for the defender.
Legal Topics
Landlord's Duty to Repair, Occupiers' Liability, Interpretation of Tenancy Agreements, Personal Injury Liability, Common Parts in Tenancies
Contract Law Delict (tort) Landlord and Tenant Law Landlord's Duty to Repair Occupiers' Liability Interpretation of Tenancy Agreements Personal Injury Liability Common Parts in Tenancies

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Parties

Kathleen Kirkham

Pursuer

Link Housing Group Ltd

Defender

Procedural Posture

Personal Injury Action (damages for Personal Injury) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the landlord (defender) was contractually or delictually liable for the pursuer's injuries caused by tripping on a raised paving slab forming part of the footpath to her house.
  2. 2 Whether the footpath constituted a 'common part' under the tenancy agreement, triggering inspection and repair obligations.
  3. 3 Whether the landlord had actual or constructive knowledge of the defect and failed in a duty to repair.

Ratio Decidendi

The court held that the footpath was not a 'common part' under the tenancy agreement, so no obligation to inspect at regular intervals arose. The landlord's obligation to repair was only triggered upon actual knowledge of the defect, which was not established. There was no evidence that the landlord knew or ought to have known of the raised slab. The delictual claim also failed for lack of evidence of negligence or breach of duty. Accordingly, the pursuer failed to establish liability in contract or delict.

Court Disposition

Pursuer's claim dismissed; decree of absolvitor for the defender.

Orders

  • Decree of absolvitor granted in favour of the defender.
  • No award of damages to the pursuer.